Project on Addressing Prison Rape

Idaho

Idaho has a bifurcated system; state and county facilities are run separately.

State

1. Policy: Idaho Department of Corrections, Gender Identity Disorder: Healthcare for Offenders with GID (Idaho has a bifurcated situation in which county and state facilities are run separately).

  1. Language:
    1. In consultation with the warden, unless there are overriding security and/or safety concerns for the offender, the chief psychologist will place the offender (who either requests a GID evaluation or is diagnosed with GID) in a correctional facility consistent with the offender’s primary physical sexual characteristics.
  1. Policy: Idaho Department of Juvenile Corrections Institutional Polic/Procedure, Non-Discriminatory, Developmentally-Sound Treatment of Lesbian, Gay, Bisexual, Transgender and Intersex Youth, No. 672, Effective June 7, 2013.
  2. Language:
    1. Juvenile Disclosure
      1. IDJC shall attempt to ascertain a juvenile's sexual orientation and gender identity through conversations with the juvenile during the intake process and medical and mental health screenings; during classification assessments; and by reviewing court records, case files, facility behavioral records, and other relevant documentation from the juvenile's files. Within 72 hours of intake, a juvenile shall be screened using the Risk of Sexual Victimization or Perpetration (DJC-269) form.
      2. Upon disclosure by a juvenile to a staff member that he/she is LGBTI or questioning their gender or sexual orientation, staff will talk with the juvenile in an open and understanding manner, and will refer the juvenile to program or clinical staff. Staff will explain to the juvenile IDJC's commitment to non-discrimination/anti-harassment as it relates to the juvenile's safety and will notify the juvenile's facility case manager of the disclosure.
      3. At the time of disclosure, appropriate medical and mental health care for the juvenile will be assessed.
    2.  LGBTI and questioning juveniles will not be isolated or otherwise separated from other juveniles solely due to LGBTI or questioning status.
    3. Special Considerations
      1. Placement
      2. LGBTI or questioning juveniles shall not be placed in a particular housing unit, bed or other placement based solely on the juvenile's LGBTI or questioning status or perceived status.
      3. IDJC shall not consider a juvenile's LGBTI or questioning status or perceived status as an indicator or likelihood of being sexually abusive.
      4.  Transgender and Intersex Juveniles
        1. Placement and programming assignments for transgender or intersex juveniles shall be reassessed at least every six (6) months.

Local

  1. Policy: Canyon County Sheriff’s Office Prison Rape Elimination Act[BM1] 
  2. Language:
    1. Objective jail classification procedures are utilized to identify potentially aggressive or vulnerable inmates for sexual assault/misconduct. The information from the assessment shall be used to inform housing, bed, work, and programming assignments with the goal of keeping separate those inmates at high risk of being sexually victimized from those at high risk of being sexually abusive.  When an inmate is identified as possibly being at risk, Classification, detention deputies, and other appropriate facility personnel are notified to determine an appropriate housing assignment and to take any other necessary safety and security measures. Inmates at high risk for sexual victimization shall not be placed in involuntary segregation unless an assessment of all available alternatives has been made and determination has been made that there is no available alternative means of separation from likely abusers. Housing and programming assignments for transgender or intersex inmates in the facility shall be determined on a case?by?case basis.  
    2. In deciding whether to assign a transgender or intersex inmate to a facility for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case?by?case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.
    3. Lesbian, gay, bisexual, transgender, or intersex inmates shall not be placed in particular housing, bed, or other assignments solely on the basis of such identification or status.   In making other housing and programming assignments, the agency shall consider on a case?by? case basis whether a placement would ensure the inmate’s health and safety, and whether the placement would present management or security problems.
    4. Placement and programming assignments for each transgender or intersex inmate shall be reassessed at least twice each year to review any threats to safety experienced by the inmate. A transgender or intersex inmate’s own views with respect to his or her own safety shall be given serious consideration when considering changing housing assignments. Transgender and intersex inmates shall be provided with the opportunity to shower separately from other inmates.  

“The degree of civilization in a society can be judged by entering its prisons.”

Fyodor Dostoevsky
American University Washington College of Law, Project Addressing Prison Rape